Kroger’s Private Selection Brand Hit with Class Action Lawsuit Alleging False Advertisement
According to a class action lawsuit, despite its labeling, Kroger’s Private Selection Smoked Gouda cheese is not smoked but rather has smoked flavor added to it, misleading consumers and leading them to pay a premium for an item of inferior quality.
Stacey Castle v. The Kroger Co.
The lead plaintiff, Stacey Castle, filed the Private Selection Smoked Gouda Cheese Class Action Lawsuit in Wisconsin, alleging that The Kroger Co. violates state and federal laws by falsely advertising its cheese. According to Castle, the cheese’s packaging boasts it has a “Distinctive, Smoky Flavor” and is “Smoked Gouda.” In reality, the product is not smoked over wood but rather flavored with smoke.
By failing to identify the addition of such smoke flavor, consumers are led to believe the product was manufactured in the same manner as similarly labeled products that were smoked over hardwood, when in fact it was not, she states in the Private Selection Smoked Gouda Cheese Class Action Lawsuit.
Castle claims she purchased the cheese on the belief that it had been smoked in some manner to add its smoked flavor, rather than simply having added the smoked flavor — as the front label stated.
She desired a cheese with more than a “smoky” flavor, but one that had been smoked with hardwood so that its flavor and color would not require as much, or any, extra “smoke flavor.”
The plaintiff contends in the claim that she would not have bought the product if she had been aware of the fraudulent and deceptive statements.
Consumers Mostly Rely on Front Label Information
According to Castle, consumers rely on front label information such as whether an item has been smoked or includes liquid smoke, rather than being smoked over hardwoods, when making quick purchasing choices at the grocery store.
For various reasons, Castle explains, added smoke flavor cannot replicate the taste of actual smoking.
The defendant had an advantage over competing businesses and consumers looking to purchase smoked products by labeling the cheese in this fashion.
Castles is seeking to represent anyone who purchased Kroger’s Private Selection Smoked Gouda in the following states:
- Tennessee, or
- West Virginia
She is suing for violations of consumer protection and fraud laws, negligent misrepresentation, breach of warranty, and unjust enrichment. Lastly, Castle seeks class certification, injunctive relief, damages, attorney fees and expenses, and a jury trial.
Editor’s Note on Private Selection Smoked Gouda Cheese Class Action Lawsuit:
This article is written to inform you of the class action lawsuit against Kroger’s Private Selection Gouda cheese over allegedly stating in its front label packaging that it is smoked when it’s only added with smoke flavor. A smilar lawsuit was also filed against Dollar Eatz for its Smoked Almonds.
Case Name & No.: Stacey Castle v. The Kroger Co., Case No. 2:21-cv-01171
Jurisdiction: U.S. District Court Eastern District of Wisconsin Milwaukee Division
Allegations: Kroger’s Private Selection Gouda cheese is allegedly not smoked but only added with smoke flavor
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